OAR 413-130-0000
Definitions
(1)
“Adoptee” pursuant to ORS 109.425 (Definitions for ORS 109.425 to 109.507) means an individual who has been adopted in the State of Oregon.(2)
“Adoption” has the meaning given in OAR 413-120-0000 (Definitions)(1).(3)
“Adoption assistance” means assistance provided on behalf of an eligible child or young adult to offset the costs associated with adopting and meeting the on-going needs of the child or young adult. “Adoption assistance” may be in the form of payments, medical coverage, reimbursement of nonrecurring expenses, or special payments.(4)
“Adoption assistance agreement” means a written agreement, binding on the parties to the agreement, between the Department and the pre-adoptive family or adoptive family of an eligible child or young adult, setting forth the assistance the Department is to provide on behalf of the child or young adult, the responsibilities of the pre-adoptive family or adoptive family and the Department, and the manner in which the agreement and amount of assistance may be modified or terminated.(5)
“Adoption assistance agreement only” means a written agreement, binding on the parties to the agreement, between the Department and the pre-adoptive family or adoptive family of an eligible child or young adult, when the pre-adoptive family or adoptive family is not receiving an adoption assistance payment or medical coverage at the time of the agreement but may request it at a later date.(6)
“Adoption assistance payment” means a monthly payment made by the Department to the pre-adoptive family or adoptive family on behalf of an eligible child or young adult.(7)
“Adoption Assistance Review Committee” means a committee composed of local and central office Department staff with expertise in the area of adoption.(8)
“Adoptive family” means an individual or individuals who have legalized a parental relationship to the child who joined the family through a judgment of the court.(9)
“Adoptive parent” means an adult who has become a parent of a child through adoption.(10)
“Agency” means a public or private organization licensed or authorized under Oregon laws to place children for adoption.(11)
“Applicable child” has the same meaning as in OAR 413-100-0335 (Title IV-E Adoption Assistance Eligibility Determination).(12)
“Assisted search” means the work carried out to locate and make confidential contact with a sought for individual upon the application of an authorized requester.(13)
“Base rate payment” means a payment to the foster parent or relative caregiver for the costs of providing the child or young adult with the following:(a)
Food, including the special or unique nutritional needs of the child or young adult;(b)
Clothing, including purchase and replacement;(c)
Housing, including maintenance of household utilities, furnishings, and equipment;(d)
Daily supervision, including teaching and directing to ensure safety and well-being at a level appropriate for the age of the child or young adult;(e)
Personal incidentals, including personal care items, entertainment, reading materials, and miscellaneous items; and(f)
Transportation, including gas, oil, and vehicle maintenance and repair costs for local travel associated with providing the items listed above, and transportation to and from extracurricular, child care, recreational, and cultural activities.(14)
“Birth parent” means:(a)
The woman or man who is legally presumed, under the laws of this state, to be the mother or father of genetic origin of a child; and(b)
A putative father of the child if the birth mother alleges he is the father and the putative father, by written affidavit or surrender and release executed within three years of the relinquishment of the child by the birth mother or the termination of parental rights of the birth mother, acknowledges being the biological father of the child.(15)
“CANS screening” means Child and Adolescent Needs and Strengths screening, a process of gathering information on the needs and strengths of a child or young adult:(a)
To identify case planning, service planning, and supervision needs of the child or young adult in substitute care with a certified family;(b)
To determine the level of care payment while in substitute care with a certified family; and(c)
To determine if a child or young adult qualifies for a level of care payment for the purpose of negotiating or renegotiating an adoption assistance or guardianship assistance payment.(16)
“Child” means a person under 18 years of age.(17)
“Department” means the Department of Human Services, Child Welfare.(18)
“Enhanced supervision” means the additional support, direction, observation, and guidance necessary to promote and ensure the safety and well-being of a child or young adult when the child or young adult qualifies for a level of care payment.(19)
“Fee” means the maximum fixed amount that the Department or Oregon licensed adoption agency may charge to register, for requests of non-identifying information, and to conduct an assisted search.(20)
“Guardian” means an individual who has been granted guardianship of the child through a judgment of the court.(21)
“Genetic and social history” means a comprehensive report, when obtainable, of the health status and medical history of the birth parents and other individuals related to the child.(a)
The “genetic and social history” may contain as much of the following as is available:(A)
Medical history.(B)
Health status.(C)
Cause of and age at death.(D)
Height, weight, eye and hair color.(E)
Ethnic origins.(F)
Religion, if any.(b)
The “genetic and social history” may include the health status and medical history of:(A)
The birth parents.(B)
A putative father, if any.(C)
Siblings to the birth parents, if any.(D)
Siblings to a putative father, if any.(E)
Other children of either birth parent, if any.(F)
Other children of a putative father, if any.(G)
Parents of the birth parents.(H)
Parents of a putative father, if any.(22)
“Health history” means a comprehensive report, when obtainable, of the health status and medical history of the child at the time of placement for adoption, including neonatal, psychological, physiological, and medical care history.(23)
“Identifying information” means names and addresses of birth parents, putative fathers, adult adoptee, and adult adoptee genetic siblings.(24)
“Independent adoption” means any adoption where the consent is given by other than the Department or a licensed adoption agency.(25)
“Indian child” means any unmarried person who is under age 18 and either:(a)
Is a member or citizen of an Indian tribe; or(b)
Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe.(26)
“Legally free” means that, with respect to a child, the legal rights of all parents with legal standing have been judicially terminated, voluntarily relinquished, or otherwise terminated by operation of law, thus allowing for the child to be adopted.(27)
“Level of care payment” means the payment provided to an approved or certified family, based on the need for enhanced supervision of a child or young adult determined by applying the CANS algorithm to the results of the CANS screening.(28)
“Licensed adoption agency” means an:(a)
Approved child-caring agency of this state acting by authority of ORS 418.270 (Surrender of child to child-caring agency) and OAR 413-215-0401 (Adoption Agencies: What Law Applies) to 413-215-0481 (Adoption Agencies: Services to Children from the United States Placed in Other Countries); and(b)
Agency or other organization that is licensed, or otherwise authorized, to provide adoption services pursuant to the laws of that state, country, or territory.(29)
“Non-identifying information” means genetic and social history and health history which excludes information identifying any birth parent, birth family, putative father, putative father’s family, adoptee, or adoptive parent.(30)
“Nonrecurring adoption assistance agreement” means a written agreement, binding on the parties to the agreement, between the Department and the pre-adoptive family of an eligible child for a one-time payment to reimburse the adoptive family for the reasonable and necessary expenses incurred in legally finalizing the adoption of a child who has been determined to have special needs.(31)
“Nonrecurring expenses” mean a one-time payment up to $2,000 per child, which the Department will pay to an adoptive family to assist with the reasonable and necessary expenses incurred in legally finalizing the adoption of an eligible child.(32)
“Parent” means the biological or adoptive mother or the legal father of the child. A legal father is a man who has adopted the child or whose paternity has been established or declared under ORS 109.070 (Presumption of parentage), ORS 416.400 to 416.610 (Action against recipient who fails to provide notice of claim), or by a juvenile court. In cases involving an Indian child under the ICWA, parent means any biological parent of an Indian child, or any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom. It does not include an unwed biological father where paternity has not been acknowledged or established. “Parent” also includes a putative father who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the putative father is not the legal father.(33)
“Participating tribe” means a federally-recognized Indian tribe in Oregon with a Title IV-E agreement with the Department.(34)
“Pre-adoptive family” means an individual or individuals who:(a)
Has been selected to be the adoptive family of the child; and(b)
Is in the process of legalizing the relationship to the child through the judgment of the court.(35)
“Progeny” means the children or descendants of a person and the person’s descendants in successive generations.(36)
“Putative father” means a man who, under the laws of this state, is not legally presumed to be the father of genetic origin of a child, but who claims or is alleged to be the father of genetic origin of the child.(37)
“Qualified alien” has the same meaning as in OAR 413-100-0210 (U.S. Citizenship and Qualified Non-citizens)(2) and 8 USC 1641(b).(38)
“Qualified vendor attorney” means an attorney who has a price agreement with the Department to process the adoption of a child who is eligible for adoption assistance.(39)
“Registry” means a voluntary adoption registry established under ORS 109.450 (Child placement agency to maintain registry) and maintained by:(a)
An Oregon licensed adoption agency or successor agency; or(b)
The Department for all adoptions not arranged through an Oregon licensed adoption agency.(40)
“Requester” means an individual duly registered on a voluntary adoption registry who requests an assisted search, and who has filed an application and paid the applicable fee.(42)
“Searcher” means one of the following qualified entities that may conduct an assisted search:(a)
The Department;(b)
An Oregon licensed adoption agency; or(c)
A third party individual or entity who has been delegated to or contracted with by the Department or an Oregon licensed adoption agency.(43)
“Sibling” means one of two or more children or young adults who are related, or would be related but for a termination or other disruption of parental rights, in one of the following ways:(a)
By blood or adoption through a common parent;(b)
Through the marriage of the legal or biological parents of the children or young adults; or(c)
Through a legal or biological parent who is the registered domestic partner of the legal or biological parent of the children or young adults.(44)
“Special payment” means a payment for unanticipated short-term costs which are directly related to the special needs of the child or young adult or are essential to the welfare of the child or young adult, and are not covered by another resource available to the adoptive family.(45)
“Substitute care” means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department.(46)
“Successor agency” means an agency which has the adoption records of another agency because of the merger of the agencies or because an agency has ceased doing business and has given its adoptions records to the “successor agency” as provided an ORS 109.435 (Adoption records to be permanently maintained)(2).(47)
“Voluntary adoption registry” means a voluntary registry operated by the Department or licensed adoption agency:(a)
Where birth parents, putative fathers, and adult adoptees may register their willingness to the release of identifying information to each other;(b)
That provides for the disclosure of identifying information to birth parents and their genetic offspring;(c)
That provides for the transmission of non-identifying health and social and genetic history of specified persons; and(d)
That provides for the disclosure of specific identifying information under certain circumstances to Indian tribes, governmental agencies, or to an individual settling an estate.(48)
“Work Product” means any records, information, or other materials obtained or developed by the Department or licensed adoption agency during the course of the assisted search.(49)
“Young adult” means a person aged 18 through 20 years.
Source:
Rule 413-130-0000 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-130-0000.